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The spec says: "Two constructors are provided for creating HTMLAudioElement objects (in addition to the factory methods from DOM Core such as createElement()): Audio() and Audio(url). When invoked as constructors, these must return a new HTMLAudioElement object (a new audio element). If the src argument is present, the object created must have its src content attribute set to the provided value, and the user agent must invoke the load() method on the object before returning." If the load() method raises an exception, should that exception be reraised by the Audio constructor or should it be ignored? (Editorial: the argument is called "url" but is referred to as "src".)
delaying this; it may be that load() will stop throwing exceptions, making this moot.
This is moot now, the load() method no longer ever throws an exception.